From democracy and distrust to a contextually situated dialogic theory

I aim to develop an Elyean/procedural approach to judicial review, trying to adjust Ely’s traditional approach to the new circumstances that characterize our time. The “corrections” that I shall propose to John Ely’s view partially overlap and partially differ from the suggestions that Professor Stephen Gardbaum presented, for similar purposes, in his article “Comparative Political Process Theory”.  I shall present my own revised approach to Ely’s project, in a critical dialogue with Professor Gardbaum’s pathbreaking contribution.